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About Mediation > For Attorneys
Attorneys:
Give your clients the opportunity to “tell their story."
Often, this allows the other party a greater understanding than “just the facts” because they hear “the other side” directly from the opposition. They discover the real issues as opposed to their position.Remember, the dispute belongs to the client.
Act as an advocate for your client to ensure their legal rights are protected and at the same time allow them to make decisions about what is best for them and their situation.
According to the Georgia Code of Professional Responsibility found at
http://www2.state.ga.us/courts/adr/code.htm Attorneys should advise their clients of alternatives to litigation.
Duty of the Lawyer to a Client EC 7-5
A lawyer as adviser has a duty to advise the client as to various forms of dispute resolution. When a matter is likely to involve litigation, a lawyer has a duty to inform the client of forms of dispute resolution which might constitute reasonable alternatives to litigation.
Permit the mediator to speak directly to your client.This gives the mediator the ability to reframe interests, creates a clearer understanding for the opposing party, and helps them achieve a resolution, creating an environment that enhances the settlement process.Tolerate emotional venting. The mediators opening statements may seem like a waste of your time. However, you can gain an advantage by understanding the style of the mediator as well as guage the responsiveness of your client and the other party. The emotional release experienced by your client when they are allowed to make thier opening statement allows them to let go of the conflict and focus on a workable solution for the future. A skilled mediator separates the people from the problem and works to get the parties to focus on working together, attacking the problem rather than each other.Don't give up too quickly.Sometimes the mediator may know of a possible consession or detect "movement" from the other party that you are not aware of. Perhaps the other party has revealed something to the mediator in caucus and has asked him/her to keep it confidential.Recognize your clients' positioning and resistance to settle.Encourage participation in the process and put forth a “good faith effort." When preparing your client for mediation, please explain that this is a real opportunity to resolve the dispute and that the parties control the outcome--s opposed to a judge or jury deciding their fate.Use the mediator. This is especially valuable if your client has unrealistic expectations.Let the mediator present a different point of view. Recognize that the interest initially expressed by your client may change.Often the real interests of the parties surface during mediation.Momentarily suspend disbelief.Give yourself the flexibility to create options.Allow the parties to brainstorm ideas and possible solutions that may be outside the normal remedies available through the court.Choose to mediate when the cost of conflict is great. You will gain a reputation in the community as an attorney who gets results and you will become your clients’ hero. Don’t waste time waiting on the system. One of the effective tactics we have seen is using mediation to create a temporary settlement in divorce cases.This drastically reduces the stress and anxiety for your clients.This approach in turn allows you the freedom to focus on the case rather than the clients' day-to-day conflict. The Cost of Conflict has to do with the “other costs” clients pay, including: Time the client devotes to the dispute.This time includes gathering documents, Emotional cost and pain endured by the client simply due to the amount of time the case drags out.Opportunity cost What else could they have done with their time had they spent that mental energy on finding a resolution that was acceptable to both parties rather than on“the fight?" As an attorney, you know the vast majority of cases are going to settle before they are tried in court.Would you be interested in reducing the time and energy you put into a case and have a larger profit margin when the case is closed? Our approach to mediation is a bit different from the traditional caucus-caucus method where the mediator works using shuttle negotations, as an arbitrator or neutral evaluator. We approach mediation as if it were “settlement negotiation” eliminates one of the greatest benefits the opportunity for the parties to develop an ongoing relationship.This is especially valuable in divorce where the parties have children or a family-owned business. We use the skills of active listening, identifying interests and reframing issues to create an environment that leads to settlement. We hope you have found this information helpful. We look forward to the opportunity of working with you and your clients to assist you in quickly settling cases. If you would like, we will make the scheduling arrangements and send out confirmations to the parties.
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